[Amended 10-26-2020 by Ord. No. 2020-69; 4-28-2025 by Ord. No. 2025-034]
A. Procedure. Before developing a tract of land within the corporate limits of the City as a planned unit development, the owner or developer shall comply with the following Planned Unit Development Review Process consisting of the Pre-Application Conference, the Preliminary Development Plan, and the Final Development Plan.
B. Pre-application conference.
(1) Prior to the submission of a preliminary plan, the owner or developer of a proposed planned unit development shall prepare a concept plan of such proposed planned unit development and consult with the Director of Development Services for the purpose of reviewing such concept plan.
(2) The Director of Development Services may invite other individuals or entities as he or she deems appropriate.
(3) The purpose of such pre-application conference is to review such concept plan which is a preliminary concept, and which may, after such pre-application conference, be then refined by the owner or developer into a preliminary planned unit development plan.
(4) Said concept plan shall be drawn to engineering scale and shall show the conceptual layout of the proposed planned unit development including the general layout of streets, drainage, sewerage, and land uses and the present location of major natural features such as wetlands, streams, and lakes.
(5) The Director of Development Services, Director of Engineering, and other City staff as appropriate, shall advise the owner or developer at the pre-application conference whether the concept plan is consistent with the Manual of Practice for the Design of Public Improvements of the City of Bloomington and with the Official Comprehensive Plan, Zoning Code, this Code and other applicable Codes of the City in order to assist the owner or developer prior to the preparation of the preliminary plan.
C. Preliminary planned unit development procedure.
(1) Initiation of application. An application for a planned unit development may only be filed by an applicant who has an ownership interest, or the agents thereof; or any contract purchaser or anyone holding an option to purchase the parcel of land on which the use or combination of uses is to be located. The application shall conform to the requirements of §
44-1703.
(2) Application processing. The application for preliminary planned unit development shall be processed in accordance with the procedures of §
44-1704.
(3) The planned unit development review procedure shall be conducted so that it is concurrent with the subdivision review procedure under Chapter
24 of the Bloomington City Code, 1960, as amended, and encompasses any site plan review, special use permit or variation procedure necessary for approval of the project.
(4) Action by Planning Commission. The Director of Development Services shall transmit a complete application for a preliminary planned unit development to the Planning Commission for a legislative public hearing. The public hearing procedure and notice shall comply with §
44-1705.
(a) The Planning Commission shall determine the extent to which the plan conforms or fails to conform with the standards of this Code and shall no later than 30 days after the adjournment of the legislative public hearing, transmit its recommendation on the plan to the City Council.
(b) The Planning Commission may recommend approval of a preliminary plan with an approval recommendation conditioned upon the making of one or more changes in the proposal, which such changes shall be enumerated in the Commission's transmittal to the City Council or may transmit the plan to the Council without recommendation.
(c) If the Commission recommends disapproval of the preliminary development plan, it shall furnish the City Council and the applicant a written statement setting forth the reason for said recommendation and specifying with particularity the aspects in which said preliminary plan fails to comply with the requirements of this Code or does not comply with the official Comprehensive Plan.
(d) Should the Planning Commission fail to act within the 30 days from the adjournment of the public hearing or fail to adjourn the public hearing within 120 days of its commencement, the plan shall be submitted to the Council without a recommendation.
(5) Action by City Council.
(a) Within 60 days after receipt of the Planning Commission recommendation and without further public hearing the City Council shall approve, approve with conditions, or reject the proposed preliminary planned unit development plan.
(b) Failure of the Council to act within the prescribed time period shall constitute denial of the preliminary plan.
(c) If the preliminary planned unit development plan is denied, the City Council shall state in writing the reasons for the denial. Such statement shall be filed with the Director of Development Services and a copy shall be sent to the applicant.
(d) If the preliminary planned unit development plan is approved, the applicant shall submit a final planned unit development plan.
(6) Extension of time periods by mutual consent. Time periods for review by the Planning Commission or Council may be extended by mutual consent of the owner or developer and the Planning Commission or Council. Any such extension shall stay the running of all subsequent time periods.
(7) Conditions and guarantees. Prior to the granting of any preliminary planned unit development, the Planning Commission may recommend, and the Council may require, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the planned unit development as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein. The Council may require such evidence and guarantees as it may deem necessary as proof of compliance with the conditions of approval.
(8) Impact fees. The planned unit development may be approved subject to such impact donations as may be determined by the City Council in reasonable proportion to the impact of the planned unit development on public facilities and infrastructure.
(9) Effect of approval. Buildings and uses or combinations of uses within a planned unit development shall be limited to those approved as part of the Code granting a planned unit development permit by the City Council. Unless specifically approved by the Code granting or amending the planned unit development, the requirements of the underlying district shall apply.
D. Final planned unit development procedures.
(1) Final plan submission. Once a preliminary planned unit development has been approved by the City Council, the applicant shall submit a final plan, which shall be filed with the Director of Development Services in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by the City of Bloomington. The application shall conform to the requirements of §
44-1703.
(2) The application for a final planned unit development plat shall be processed in accordance with the procedures of §
44-1704.
(3) Administrative review.
(a) Within 30 days from the submission of a final development plan and supporting materials, the Director of Development Services shall review the complete application for a final development plan to determine the extent to which it conforms with the approved preliminary development plan and approved public improvement plans and specifications and shall further review the supporting material to determine its conformance with the requirements of this Code.
(b) If the final development plan substantially conforms with the approved preliminary development plan and public improvement plans and specifications and if the supporting material meets all Code requirements, then the Director of Development Services shall promptly issue approval of the final development plan.
(c) If the final development plan does not substantially conform with the approved preliminary development plan or if the supporting material does not conform with all Code requirements, then the Director of Development Services may approve the final plan subject to conditions or refer the final plan to the Planning Commission for a legislative public hearing.
(4) Action by Planning Commission.
(a) The public hearing procedure and notice shall comply with §
44-1705.
(b) During the public hearing, the Planning Commission shall determine the extent to which the final development plan conforms or fails to conform with the standards of this Code.
(c) The Planning Commission shall, not later than 30 days after the adjournment of the legislative public hearing, transmit its recommendation on the final development plan to the City Council.
(5) Action by City Council. Within 60 days from the receipt of the Planning Commission's recommendation with respect to the final development plan, the City Council shall, by ordinance, approve or disapprove the plan.
(6) Pre-requisites for recording. The final planned unit development plan shall not be recorded until the following pre-requisites are fulfilled:
(a) Payment of any and all applicable fees.
(b) Posting of any required final plat public improvement payment, performance, and workmanship bond; filing and establishment of any required adjacent street substandard roadway improvement guarantees and security; making of any required public land dedications or cash contribution in lieu thereof and obtaining and filing with the City of any off-site easements or right-of-way for public improvements serving the site.
E. Changes to an approved planned unit development. A planned unit development shall be constructed in accordance with the approved final plat of planned unit development and all supporting data. Changes to the planned unit development shall be considered to be either a minor change or a major change.
(1) Minor changes in the location, siting, height or character of the buildings and structures may be authorized by the Director of Development Services, if such minor changes are required by engineering or other circumstances not foreseen at the time of adoption of the ordinance approving the final development plan. A minor change authorized by this subsection shall not cause any of the following:
(a) A change in the use or character of the development;
(b) An increase in the intensity of use of over 10%;
(c) An increase in any dimension of a building or structure by more than 5% in any direction.
(d) A reduction in approved open space of 5% or more.
(e) A reduction in off-street parking and loading space of 5% or more provided minimum code requirements are met.
(f) A reduction in required pavement widths of 5% or more provided minimum code requirements are met.
(2) Minor changes that are not approved by the Director of Development Services may be appealed by the applicant or property owner pursuant to the procedures in §
44-1712.
(3) Any other change to an approved planned unit development shall be considered a major change. Major changes shall require a legislative public hearing pursuant to the procedures of §
44-1505D(4).